Disclaimer

ACCEPTANCE OF TERMS AND CONDITIONS

By using this site (the “Site”), you (“you” or the “End User”) agree to the terms and conditions that we (“GNS”) have provided. If you do not wish to agree to the outlined terms and conditions (the “Terms of Use” or “Agreement”), please refrain from using the Site.

GNS reserves the right to make any changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein.

TERMS AND CONDITION

1. ACCEPTANCE OF TERMS

Welcome to Group N Ship! Group N Ship provides its services to you, subject to the following Terms of Service (“TOS”), which may be updated by us from time to time without notice to you. It is advised that you should review the most current version of the TOS at any time. New TOS will be effective immediately following the posting on the website and replace the old one. Your continued use of our services after any changes of the terms tells us you have carefully read and agreed to the changes.

2. DEFINITIONS

“Group N Ship” provides an interactive Logistic service operated by Group N Ship Limited (herein referred to as ” GNS “) on the World Wide Web of the Internet (the “Web”), consisting of information services, content and transaction capabilities provided by GNS, affiliates of GNS and other third parties.

3. GENERAL

This Agreement sets forth the terms and conditions that apply to the use of this Site by the End User. By using this Site (other than to read this Agreement for the first time), End User agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to End-User and is not transferable to any other person or entity. End User shall be responsible for protecting the confidentiality of End User’s password(s), if any. End User acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of GNS, and GNS shall not be responsible for any data lost while transmitting information on the Internet. While it is GNS’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of GNS, access to the Site may be interrupted, suspended or terminated from time to time.

GNS shall have the right at any time to change or discontinue any aspect or feature of GNS, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, GNS may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

4. MODIFIED TERMS

GNS reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without prior notification to you. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Site, you are impliedly agreeing to the Terms of Use and Privacy Policy expressed herein. Any such deletions or modifications shall be effective immediately upon GNS ‘s posting thereof. Any use of GNS by End User after such notice shall be deemed to constitute acceptance by End User of such modifications. You agree that GNS is not liable, to you or any third party, for any changes, suspension or termination to this website.

5. EQUIPMENT

End User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. GNS shall not be liable for any damages to the End User’s equipment resulting from the use of this Site.

6. DESCRIPTION OF SERVICE

GNS provides users with GNS Logistics Services ( hereinafter referred to as the “Service” ) . The services is provided by the Group N Ship Limited. You understand and agree that the Service may include advertisements and that these advertisements are necessary for GNS to provide the Service. You also understand and agree that the Service may include certain communications from GNS, such as service announcements, administrative messages and that these communications are considered part of GNS membership and you will not be able to opt out of receiving them.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new GNS properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that GNS assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. GNS shall reserve the rights, without notice to you, suspend partial or full service for repairing, maintaining, upgrading, or other works that GNS deems appropriate. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

7. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or GNS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GNS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). GNS is concerned about the safety and privacy of all its users, particularly children.

8. GNS PRIVACY POLICY

Registration Data and certain other information about you is subject to our Privacy Policy.

9. MEMBER ACCOUNT, PASSWORD AND SECURITY

You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify GNS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GNS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

10. END-USER CONDUCT

This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Microsites”) are private property. All interactions on this Site and/or the Microsites must comply with these Terms of Use. Any conduct by an End User that in GNS ‘s exclusive discretion restricts or inhibits any other End User from using or enjoying this Site and/or any of the Microsites is strictly prohibited.
 

11. COPYRIGHT AND TRADEMARKS

Everything located on or in this Site, including the Microsites, is the exclusive property of GNS or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF GNS IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject End User to civil and / or criminal penalties.

This Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of GNS protected by copyright as a collective work under Hong Kong copyright laws. GNS owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. End User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. End User may download / print / save copyrighted material for End User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of GNS and the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. End User acknowledges that he / she / it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Web site otherwise owned or operated in conjunction with GNS shall not be deemed to be in the public domain but rather the exclusive property of GNS, unless such site is under license from the Trademark owner thereof in which case such license is for the exclusive benefit and use of GNS, unless otherwise stated.

End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. GNS does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. End User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site, End User warrants that the owner of such material has expressly granted GNS the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. End User also permits any other end user to access, view, store or reproduce the material for that end user’s personal use. End User hereby grants GNS the right to edit, copy, publish and distribute any material made available on this Site by End User.

The foregoing provisions of Section 6 apply equally to and are for the benefit of GNS, its parent company subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

12. MONITORING

GNS shall have the right, but not the obligation, to monitor the content of the Site at all times to determine compliance with this Agreement and any operating rules established by GNS, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, GNS shall have the right to remove any material that GNS, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

14. LICENSE GRANT

By posting announcements on or through this Site, End User shall be deemed to have granted to GNS a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.

15. INDEMNITY

You agree to indemnify and hold GNS, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

16. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

17. GENERAL PRACTICES REGARDING USE AND STORAGE

You further acknowledge that GNS reserves the right to modify these general practices and limits from time to time.

18. TERMINATION

You agree that GNS may, under certain circumstances and without prior notice, immediately terminate your GNS account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the GNS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your GNS account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in GNS’s sole discretion and that GNS shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.

19. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that GNS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

20. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GNS has no control over such sites and resources, you acknowledge and agree that GNS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that GNS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

21. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT
(a) GNS under the terms of service to fulfill the obligations relating to services is limited to reasonable skill and care to provide you the related services. Terms of Service does not have any content, exclusion or limitation of GNS because of GNS negligence, fraud or other applicable law can not exempt or limit the responsible behavior, which caused death or personal injury.
(b)Your use of the Service is at your sole risk. The Service is provided on an “As Is” and “As Available” basis. GNS expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of the merchantability, fitness for a particular purpose and non-infringement.
(c) GNS makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations.

(d) Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

(e) No advice or information, whether oral or written, obtained by you from GNS or through or from the Service shall create any warranty not expressly stated in the TOS.

(f) While GNS endeavours to be as accurate as possible on the Product Information, it cannot guarantee the Product Information is accurate, complete, reliable, updated, or error-free. Information on supply volume, prices, fees, order contents may have technical inaccuracies or typographical errors. GNS accepts no liability arising from any inaccuracy of the Product Information.

(g)Users of this Website are deemed to have accepted all the risks of using this Website and/or relying on the Product Information of this Website.

(h) GNS reserves the right to change the prices, fees and charges of services available on the Website at any time and from time to time without any prior notice and liability to the users of the Website.

(i) In any event GNS reserves the right to decline or cancel Orders, decline to provide certain Products and/or Services or cancel any User account in its absolute discretion at any time without giving any reason.

22. LIMITATION OF LIABILITY

You expressly understand and agree that GNS shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GNS has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmission or data; (iv) statements of conduct of any third party on the Service; or (v) any other matter relating to the Service.

23. EXCLUSIONS AND LIMITATIONS

Some jurisdictions do not allow exclusion of certain warranties, or incidental damages, or derivative may be restricted or excluded.

24. NOTICE

GNS may provide you with notices, including those regarding changes to the TOS, by either email, SMS, or postings on the Service.

25. COPYRIGHT AND COPYRIGHT AGENTS

GNS respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide GNS’s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Please Email the Notice of claims of copyright or other intellectual property infringement to GNS Copyright Agent at [email protected] 。

26. GENERAL INFORMATION

The TOS constitute the entire agreement between you and GNS and govern your use of the Service, superseding any prior agreements between you and GNS. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.  The TOS and the relationship between you and GNS shall be governed by the laws of Hong Kong Special Administrative Region (hereinafter referred to as “Hong Kong”) without regard to its conflict of law provisions. You and GNS agree to submit to the personal and exclusive jurisdiction of the courts in Hong Kong. The failure of GNS to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

27. VIOLATIONS

Please report any violations of the TOS to us.

28. MARKETING MESSAGES

As a member of the company, you may receive the company’s internal marketing messages. If you do not wish to receive the messages, you may access account information after logging into the website and ensure the “I agree to receive messages issued by the GNS information and promotion” is not selected.

29. MISCELLANEOUS

GNS ‘s headquarter is in Hong Kong S.A.R.. Legal issues arising out of, but not exclusive to the use of, this Site or the Microsites (unless otherwise specifically stated) are governed by and in accordance with the laws of Hong Kong S.A.R. (exclusive of its rules regarding conflicts of laws). By using this Site, End User agrees that any dispute or claim arising out of or in connection with this Agreement or the performance, breach or termination thereof, or the Site or any Microsite, shall be finally settled by arbitration in Hong Kong S.A.R. under the rules of arbitration of Hong Kong International Arbitration Centre.